Locating and Tracing Matrimonial Assets

Our asset protection and matrimonial litigation lawyers are highly experienced in successfully locating and tracing hidden matrimonial assets, including assets that have not been disclosed by a spouse.  If you are separating and contemplating a divorce, you must consider necessary steps to protect your wealth in future.  This means both the immediate future (for instance, making or changing your Will); and considering the long-term implications of marriage, separation or divorce.

We have a strong matrimonial litigation practice at Rogerson Law Group, with vast experience in successfully locating and tracing assets hidden by a hostile spouse; and obtaining worldwide injunctions (freezing orders) to protect and recover those assets. The practice is built on years of solid international legal experience in both offshore and onshore jurisdictions.  It is headed by asset protection specialist barrister and cross border advocate, Andrew Rogerson, who has an international reputation for his cross-border experience.

Less than transparent

If you divorce in Ontario, the general principle is that half of the increase in value of the assets between the date of marriage and the date of separation will be awarded to the less affluent spouse.  The parties have a duty to disclose all assets on divorce, but in some instances a spouse may be less than transparent about the assets they own, or have an interest in.  We can help determine what you may be entitled to by working hard to ensure all assets in the marriage are disclosed.

Before marriage

If you are preparing to marry, you may wish to take steps to protect your rights before your marry. We can help you by obtaining full disclosure from a potentially untrustworthy spouse-to-be, giving you peace of mind.

Cross border expertise

Our award-winning asset cross border litigation team also advises and represents Family clients involved in disputes over assets held abroad.  This includes:

  • locating and freezing matrimonial assets
  • making spousal dependency and other claims where a spouse’s assets include property and money owned abroad
  • claims involving overseas assets of the estate of a deceased spouse

We have solid, and wide-ranging experience in successfully accessing assets held in offshore trusts in tax havens for the benefit of our Family and other clients.

Asset protection on death

If you have separated and your spouse has died, we can help you protect your financial position by advising whether you are entitled to apply to court for spousal dependant support.

Representative Case

In a cross-border family litigation case, Andrew Rogerson successfully represented the wife in the case of Wang (Hong Wang (aka Jennifer Wang) and Wei Lin FS-12-377 681) an acrimonious family dispute in the Canadian courts which involved very wealthy spouses who immigrated to Canada from China. The judge had to consider critical issues about the authority of the Canadian court to rule in matters involving highly mobile and wealthy immigrants. The case involved millions of dollars held in overseas tax havens, significant bank accounts, expensive properties in both countries, as well as the couple’s children.  Andrew and his team obtained a freezing order on behalf of the wife to prevent her husband moving any assets beyond her reach in a future divorce settlement. This was followed by a similar order in the British Virgin Islands. Child custody issues also arose: Andrew successfully represented his client in resisting claims that she had removed her children from China.

In another important matrimonial case (Gillies-Smith v Smith), we secured a world-wide Mareva (asset freezing) order in the Ontario Superior Court.  With time of the essence, we worked with our colleagues in the Cayman Islands to freeze assets there. Those assets consisted of diamonds, houses, a yacht and several large bank deposits. The judge’s decision changed the law of the Cayman Islands and set an important precedent across the offshore legal community.

Award Winning Expertise

Rogerson Law Group has won many domestic and international awards as Asset Protection Law Firm of the YearAndrew Rogerson is a regular lecturer and writer on the subject, both in Canada and overseas, particularly in Dubai.

He has a niche serving international airline pilots, protecting their offshore and domestic assets on divorce against hostile former spouses.  Read here for further information.

Contact Us now at (416) 504 2259 to talk to an asset protection lawyer. Rogerson Law Group provides matrimonial litigation services in the entire Greater Toronto area including Toronto, Scarborough, Mississauga, Vaughan, Brampton, Richmond Hill, Etobicoke, Hamilton and Barrie with offices located in Downtown Toronto, Thornhill and Barrie.  In addition, Andrew regularly sees clients across Canada and overseas; and visits clients in Dubai and London every two months.